Appeals from Magistrate's Court

• Focus on appeals from magistrate's court, challenging magistrate's and crown court decisions, appeals to high court and judicial review

Appeals from the Magistrate's Court

• Enables setting aside a conviction for a rehearing before a differently composed bench.
• Magistrate's Court Act (MCA) 1980, s.142(2) allows an accused convicted in the magistrate's court to request to have the conviction set aside.
• The application can be reviewed by the same magistrates who convicted the accused or a different bench.
• The case is reheard by a new panel of magistrates if the conviction is overturned.
• Section 142(2) applies if magistrates made a legal error or the procedure leading to the conviction was flawed.
• Croydon Youth Court [1997] confirms that s.142(2) gives the court the authority to correct mistakes.
• Appealing to the Crown Court or High Court is appropriate if magistrates came to the wrong conclusion on the merits of submissions.
• Section 142(1) permits a magistrates' court to change or revoke its sentence if doing so is in the interest of justice.
• Acquittals are not subject to this law.
• Operates in rare situations where the court is unaware of all facts or elements, leading to a conviction based on a mistake.
• Holme v Liverpool City Justices [2004]: the defendant pled guilty to dangerous driving resulting in serious pedestrian injuries and received a community service. The magistrates accepted the CPS's request to reopen the case under s. 142 because the original counsel did not fully address the pedestrian's injuries

Challenging Magistrate's Court Decisions

• Three methods available to challenge decisions
• Appeal to the Crown Court -Appeal to the High Court by way of case stated
• Application to the High Court for judicial review
• Anyone found guilty by a magistrate's court has the option to appeal the conviction and/or sentence.
• Limited conditions apply if the offender entered a guilty plea, they may still appeal their conviction.
• An appeal to the High Court is available to either party in the magistrates' court if they are unhappy with the result of the proceedings through case stated or an application for judicial review.

Appeals Against Conviction and Sentence

• Governed by MCA 1980, s.108, which defines what constitutes a 'sentence' as per s.108(3) and Part 34, CPR 2016.
• Part 34, CPR 2016 amended 7.34.7 to broaden its scope to include case management applications, procedural questions, evidence admissibility, and legal inquiries.
• Rule 34.11 Requires that an appeal in youth court must be presided over by a judge or a recorder of the crown court, along with 2 lay justices, the lay justices may add one justice of the peace to avoid unreasonable delay.
• Appeals are heard by a circuit judge or recorder who is required to sit with two lay magistrates who were not involved in the original proceedings, as per the Senior Courts Act 1981, s. 74.
• For summary trials, the defense can request a copy of the clerk's notes of evidence before the hearing.
• CrimPR 34.2(1) and (30: Provide notice of appeal in writing to the relevant magistrates' court officer and every other party, sent within 15 days of sentences being passed or deferred.
• The appellant has 15 business days from the date of sentence, even if that is after the date of conviction, to appeal only against conviction.
• There is a 15 business day deadline for appealing an order or failure to make one, unlike appeals from the Crown to the Court of Appeal.
• The notice must state the appeal, whether against a conviction, order, sentence, or failure to make an order
• The notice must summarise the issues
• The appellant must specify if they have requested the magistrates' court to reconsider the case, and identify all those upon whom the notice has been served.
• An appeal against conviction must specify the witnesses the appellant intends to question, the original duration of the magistrates' trial, and estimated length of the appeal.
• If the appeal concerns insulting or disruptive behaviour, the magistrate's written findings of fact and the appellant's response must be included in the notice.
• Rule 34.10(d) allows the crown court to accept appeal notices in alternative formats to writing.
• Rule 34.3 dictates that any extension application must accompany the appeal notice, explaining the reason for the delay.
• Rule 34.10(a) grants the Crown Court the power to shorten or extend any time limit under Part 34, even after it has passed.
• Rule 34.7 is applied when a party seeks to introduce additional evidence concerning character, sexual history, hearsay, or special measures, with a notice period of no more than 15 business days after the service of the appeal notice.
• Section 79(3): An appeal proceeds by way of a complete rehearing.
• In an appeal against conviction, the respondent (prosecution) starts with an opening statement and calls evidence, followed by a potential submission of no case to answer from the appellant. If unsuccessful, the defense presents its evidence, the counsel makes a closing argument, and the court renders its decision.
• New evidence or evidence not used in the magistrates' court may be presented, but the Crown Court cannot amend the original conviction information.
• An appeal against sentence begins with the prosecution outlining the facts and background of the appellant, followed by the defense presenting mitigating factors.
• The court then decides on the appropriate sentence. The focus of the Crown Court should be on evaluating whether the magistrate's sentence was correct based on all the information presented, not merely if it was within the magistrates' discretion.
• If the Crown Court deems a significantly different sentence is appropriate, it should permit the appeal and substitute the magistrates' sentence.
• The Crown Court has the authority to increase a sentence, up to the maximum that the magistrates' court could have imposed.

Powers of Crown Court on Appeal

• Senior Courts Act 1981,s.48 outlines The Crown Court's powers.
• The decision of the Crown Court can be determined by a majority vote, empowering lay justices to overrule the judge; however, the lay justices must agree to any legal judgements made by the judge.
• Section 48(2) outlines that the Crown Court has the following powers
  • Affirm, overturn, or modify any part of the appealed decision, which includes a determination not to impose a separate penalty for an offense.
  • Send the matter back to the original authority with their opinion or
  • Make any order it deems just, exercising any power that original authority could have used.
• Section 48(4) and (5) add that if contesting a conviction or sentence, these provisions allow the court to impose any punishment, whether more or less severe than the one given by the magistrates' court, as long as the magistrates' court had the authority to award it.
• Section 48 is applicable whether or not the appeal concerns the entire decision.
• Section 48 allows the Crown Court to:
• Overturn the conviction
• Send the case back to the magistrates' court (e.g., if there was an ambiguous plea)
• Change the magistrates' sentence, including increasing it, but it cannot go beyond the maximum sentence that the magistrates' court could have imposed.
• Rule 34.9(1)(a) states the appellant may withdraw their appeal by providing written notice to the magistrates’ court, the appropriate Crown Court officer, the prosecution, and any other party involved.

Abandonment of Appeal

• An appeal can only be withdrawn once the hearing has commenced.
• Notice may be given in forms other than those specified.
• In appeals from a magistrates' court, the Crown Court can decide whether to award costs in all cases, irrespective of whether a timely abandonment notice was provided.
• An appeal cannot be abandoned by failing to attend or instruct an advocate.
• After an appeal has been abandoned, the Crown Court lacks the authority to increase the sentence
• The Crown Court cannot reinstate an appeal once it has been abandoned, unless the abandonment was invalid.

Appeal to High Court and Judicial Review

• Governed by MCA s.111 – 114 and allowed from the magistrates' court by way of case stated .
• 'by way of case stated' involves submitting a detailed factual account from a lower court to seek legal interpretation or clarification from a higher court.
• The appeal is to a Divisional Court of the Kings' Bench Division of the High Court
• Oladimeji v DPP [2006]: Questioning the weight of the evidence is not a valid ground for a case stated appeal to the High Court, but it is for an appeal in the crown court.
• Under s.111(4), an appellant who pursues the case stated procedure loses their right to appeal.
• Characteristics of the ‘case stated' process that arise from s.111:
• The remedy can be used by both the prosecution and defense.
• The remedy only applies to errors of law or decisions made beyond jurisdiction. Questions of fact are not subject to appeals by way of case stated unless it is alleged a reasonable bench couldn't have factually concluded that (Bracegirdle v Oxley [1947)
• This remedy is only available after final proceedings in the magistrates' court as appeals cannot take place during adjournment (Downes v RSPCA [2017])
• The remedy is available for errors regarding both sentence and conviction like Tucker v DPP [1992] harsh or oppressive sentences.

The Divisional Court Hearing of An Appeal By Way of Case Stated

• The divisional court hears this via application
• There must be at least 2 judges, but often has 3.
• If a two-judge panel cannot agree, the appeal fails (Flannagan v Shaw [1920]).
• No new evidence is allowed at the hearing, as all necessary evidence must be in the stated case.
• If the facts in the case give rise to a point of law that wasn't argued before the magistrates but would have provided a defense, the court can consider it without needing more evidence, per Whitehead v Haines [1965]
• Senior Court Act s.28A(3) outlines that the court may reverse, affirm or amend’ the decision of the magistrates' court to remit the case with its opinion, or make any other order as it sees fit.
• An appellant has the option to abandon an appeal without permission of the court (Collet v Bromsgrove District Council [1996])
• The Divisional Court may order a retrial before the same or a different bench if a fair trial is still feasible (Griffith v Jenkins [1992])
• Public body decision-making is policed by the High Court through judicial review.
• Rulings from Magistrates' Courts and certain Crown Courts are subject to review, excluding cases involving trials on indictment.
• Prerogative orders (Quashing orders, mandatory and prohibiting) are issued by the High Court
• The Divisional Court of the King's Bench Division of High Court handles Judicial Review

Judicial Review

• Key reasons for judicial review are
• Error of law on the face of the record: meaning an error present in the court documentation.
• Excess of authority
• Violation of principles of natural justice.
• Breaching natural justice includes
• Not giving adequate time to prepare a defense (Thames Magistrates' Court, ex parte Polemis [1974])
• Declining an adjournment request for a witness to attend (Bracknell Justices, ex parte Hughes [1990])
• Prosecution failing to disclose the previous convictions of prosecution witness (Knightsbridge Crown Court, ex parte Goonatilleke [1986])
• Establishing a cost order against without assessing financial capacity (Newham Justices, ex parte Samuels [1991])

Choice Between Judicial Review and Case Stated

• R(P) v Liverpool City Magistrates [2006], Collins J explains that case stated is the standard appeal route for legal errors made by justices.
• It is incorrect to seek judicial review to avoid a a more strict time-limit, where case stated was appropriate.
• Where there is an unresolved question, judicial review is more suitable, which the justices themselves did not decide.
• Judicial review is suitable in cases with claims of unfairness or bias by the justices, however, case stated is the means to challenge misdirection or legal errors.
• Judicial review is the only option if wishing to challenge something before sentence/ final determination.
• Appeals from the High Court in criminal matters, regarding case stated or judicial review, go directly to the Supreme Court.

Challenging Crown Court Decisions

• Court of Appeal to High Court via Case Stated or Judicial Review
• You can make a case stated appeal for errors of law or claims that the Crown Court exceeded its jurisdiction.
• The weight of evidence is not a valid basis for challenge
• Before an appeal can proceed, the case must be fully determined
• If there are issues that touch on trial by indictment, there is no case stated is available according to the Sentencing Act s. 28(1)(a).
• Appeals against conviction or sentence go to court of appeal.
• Senior Courts Act s.29(3): the crown court can be challenged by way of judicial review, but must not concern a matter relating to trial on indictment.
• relating to trial on indictment' involves decisions on the conduct of the trial; so, process abuse pertaining to a trial on cannot be brought as judicial review in the High Court.

Matters Not Related to Trial On Indictment

• Forfeiture of a surety (Re Smalley)
• Forfeiture of property (to a third party used during commission of an offence. (Maidstone Crown Court, ex parte Gill [1986])
• Binding over of an acquitted accused (Inner London Crown Court, ex parte Benjamin (1986))
• Restrictions on the publication of the identity of a convicted youth (Leicester Crown Court, ex parte S (A Minor) (1993])
• Case goes to Crown Court and is appealed to High Court on the point of law via way of case stated not judicial review (Gloucester Crown Court, ex parte Chester [1998])

Route of Appeal Based on Court Decision Being Appealed

• Magistrates' Court (point of law) to High Court (case stated)
• Magistrates' Court (conviction/sentence) to Crown Court
• Point of law decided by Crown Court (on appeal from magistrates) goes to High Court (case stated)
• Jury trial conviction/sentence decided by Crown Court goes to Court of Appeal